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Jamie-Law, Solicitor
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Experience:  Solicitor
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I had a court case decided against me which was based on

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Hi I had a court case decided against me which was based on false evidence found out nearly 6 months after the court case.The problem was of water penetration into my property. Side extensions were constructed by previous owners of adjoining properties in 1988. these properties are constructed on a slight hill. The side extension roofs are pitched roofs with a single gutter draining. Because of the difference in height of ground level my property suffers. There is no upstand practicall more or less at the back and only 75 cms at the front.i wanted to raise the party wall to separate the roofs. 2 party wall notices were sent , first was not signed because the building consultant could not do a drawing because of difference in height and what he drew was unacceptable to the builders also apart from me.Second time the neighbours raised boundary line issues which despite the original plans made in 1988 they chalenged. My building consultant and their rics surveyor did an assement for that on 7-10-11 and gave the rights of the party wall to them by declaring it to be a section 20b party wall.I went to court under common law for water nuisance and trespass but the Judge said that wall is on their land and experts are saying that a gutter can be constructed so he decided against me as the wall was not mine and i had no rights.6 months later i found that the wall was a party A wall located astride the boundary line and therefore carried equal rights for both properties. i found out that by a private survey conducted by a land surveyor which i inadvertantly found through Land Registry website as i was not told about it by anybody and it was consistent with the plans of 1988 which i had given to my building consultant who had participated in the boundary assessment himself.
I also found out that under his regulations he was not permitted to do that work but RICS person can do it. The work designed by them for the gutter was rejected by roofing firms also as being wrong.I am therefore unable to carry out a repair.The question i need answering is,that is the Judgement made against me now in 2013 deprives me of my rights as the party wall is an "A" wall not a "B" wall as it was based on false evidenceSecondly can i go back and send a party wall notice now or not as the judgment was made under common law but evidence was taken from 2nd party wall notice as the wall needs to be repaired. Can the otherside raise objections to stop me doing that?If they refuse can an injunction help?

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

When did you find out about this new evidence?

Customer: replied 9 months ago.
Court case decided In April 2013 but Judgement on 21-3-13 . Found out by 23-10-13 about the wall. Went to Dewar Hogan, pointed finger at building Consultant Mr Tugby and said too late to appeal but can claim professional negligence. His insurance lawyer sent claim in April 2014 , rejected it in August 2014. Wrote to Chartered Institute of Building with Complaint . Refused to censure him by a panel in March 2016 . Dewar Hogan said difficult to go against barrister he was involved from the 2nd party wall case and saw the sketch made by the building consultant and RICS surveyor Mr Antino when they showed the boundary line passing 3" inside my extension which was seen by the barrister also who was a construction barrister also. I did not know how to read sketches so read the written words of the award.2nd thing i found out was that the neighbours had taken a completion certificate inlawfully in 2007 when the water started flooding in, because both side extensions had no completion certificate which they knew but i was not told t purchase by lawyer. The Judge was told about it and i wrote it in my witness statement but he refused to read my witness statement and concentrated on the 40 statements of the experts which were in agreement that the damage was not coming from neighbouring property, single gutter was possible to construct and wall belonged to neighbours. On 19-4-13 i spoke to Judge myself and showed him the 2 sketches made from the 1st party wall notice and the experts work and knew that his Judgement was wrong because he went completely quiet and said in a low voice well i made my decision when he himself had picked up the wrong roof design when shown the plans of 1988 and has said reconstruction or repair both can be done. But finally because the wall belonged to the neighbours he said i failed on the point of law. By 23-4 -13 even the Council admitted that the statutory inspections for the neighboring property had not been done when the certificate was given under the original application in 2007 after 19 years. In late 2016 i found out from LABC ( local authority Building Control ) in Lambeth that they could not have been given the certificate under original building consent but under a regularization application. The Council refused to accept when i met the council Director.A permission appeal out of time was rejected in Jan 2018 when i apllied for it when i had all evidence in writing.A surveyor was contacted after that and said that as the Judge has made a decision whether it was made wrongly is now binding which i find very difficult to understand as both exerts were actually faking results and there was other evidence of fraud from the Council found out also.It seems now that the barrister i had was not helping me at all and so was the building Consultant as there would have been no court case if they had not done wrong work because the error of the wall should not have been made in the first place, it was as simple as that because even before the land surveyor came he asked me to get a lot of information from the Council (which the barrister and building Consultant never asked for) i was able to make it out myself from the back boundary wall as a reference and later i saw the work of the Land surveyor as he even without his sophisticated laser equipment he was able to determine that with a simple tape measure.I need to repair my prpoertys side extension roof and the only viable solution is to raise the wall. The surveyor has said some other way can be carried out which will cost £20-30K and when i have already lost 150-190K i find that very unacceptable.The fake certificate was taken first by neighbours and the fake boundary line were all given by neigbours first to the building consultants forst and then these experts went and produced the result given by the neighbour because the evidence of that is written on the first party wall notice drawing.I am not sure how much of criminal work went on because certainly the counil was misleading also and that is a long story in its own right.

Ok - so it is now 2018 - why have you waited so long before considering making an application?

Customer: replied 9 months ago.
Because Dewar Hogan said appeal was not possible now and i accepted their assessment that the building Consultant was at fault but his insurance solicitor failed to accept. Action Fraud line told me to contact CIOB as if he is censured then his negligence will be easier to accept but they failed to answer my question whether he did work under their regulations or not and wasted time till march 2016. After that even Dewar Hogan were at a loss to guide and said not to go against the barrister or anybody else as you might land by paying other for wrong accusation. When i wrote to the barrister and he finally said to me to send the land surveyors work in July 16, there has been no response from him after that. I went back to the council as the certificate they had issued which is what the neigbours rely on that our property is constructed without faults , the Council failed to acknowledge even when a senior administrative official has accepted that all statutory inspections were not done. In 2017 i went through a whole lot of paer work and got written evidence from Land Registry and LABC and went back to the original Court when they sent me a reply to request for appeal out of time whcih i did myself.I wrote about the fake findings of the wall by the experts and the unlawful certificate issued which was not denied by the neighbours and the Judge made no comment about it except that there was no good reason for delay. So the bais of wrong judgement were not denied except that no good reason was given for delay.There is nothing to be done about that now so the only thing i want to find out is the Judgement based on fake /false evidence binding or not and whether i can revert back to Party wall process and reject the judgment under common law based on the false evidence.

The only thing you can do is seek leave to Appeal.

You have 21 days from the date of Judgment to Appeal.

Outside of this, you need to seek to Appeal out of time.

You need to complete form N161:

You need to say why you have waited so long. As I have said, you are significantly out of time, so need to address That.

If permission to appeal on paper is refused, you can ask for an oral hearing.

If the permission at the hearing is refused, then you can only appeal to the Court of Appeal.

But you need to seek to leave to appeal out of time.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 9 months ago.
i have done that already and permission to appeal has not been given by he HIgh Court and i do not want to go further than that as i cannot afford it. I simply want to know that can i go for a further PARTY WALL NOTICE or not and reject the boundary line assessment made on 7-10-11 which the Circuit court judge of Construction and technology court has accepted which was false, as i have conclusive evidence of the party wall being an "A" party wall. Is the Judgement od 2013 going to stand in my way legally or not?

Yes, you can serve a further Party Wall notice, as the original matter was fraudulent.

Fraud unravels all.

Does that clarify?

Customer: replied 9 months ago.
that helps to know that the judgement of 2013 is now unravelled because i can show this to the surveyor as he has said and so did Dewar Hogan Solicitors that HHJ Geralds decision was binding despite the knowledge of fake work by the experts.This was crucial to know.

Indeed. Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 9 months ago.
Just need to know your opinion also if the neighbours object what can i do? Can i take out an injunction demanding work to separate drainage systems ? Is that needed before i send out a Party wall notice?

Potentially yes. But the fact there is an existing Judgment does not help you.

You need to show fraud to overcome that

Does that assist?

Customer: replied 9 months ago.
because the current surveyor and the land surveyor can both provide evidence for the location of Party wall and the fact that i told the Judge very clearly in written words that both surveyors are liars when i had not known about the wall at the time but just their solution for the repair work and had written a 5 pages of report about it also. His response was that i was calling them liars and impinging on their legal rights when all the time they were impinging on mine. He also said that my evidence cannot be accepted legally because i was not the expert when i was proven correct later by refusal of roofing firms to give a quote for the work by the experts as it was attached to the court order.Thank you for your help. For me it clarifies and settles the case that fraud unravels HHJ Geralds Judgment. .

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the top of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. If you need anything further I am available for a follow up at no extra cost. Thank you in advance and good luck!

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Customer: replied 8 months ago.
What i would like to know to be absolutely certain that the Judgment of HHJ Gerald is not going to be in my way whether i shpuld seek advice from a criminal lawyer as while this was a civil case only brought about by the fake work of the experts for 7-10-11 when rights were given to the neighbour. However it was the neighbours themselves who are named on the first party wall drawing made by my building consultant of where the boundary line lay. The experts faked result to the same boundary line more or less so it was them who started the lies rather than the experts.The second thing i found from the land surveyors work is that these neighbours have constructed the front boundary wall which legally they have to maintain on 4-6" of my front land.Thirdly there has been fraudulent deletion of a building inspectors visit on their 2007 building consent certificate with evidence being present for that also in the courts. This represents the inspections not carried out in 1988 and despite the stamp of written words on it not to issue a completion certificate they were given a certificate under original application which they should not have given under the Amendment to Building Regulation Act of 1994.To get rid of this evidence this inspectors log was sent to my solicitor in DEC 2008 and despite my concerns he accepted it . It was in June 2011 i found out when i started dealing with the Council for repair work for the side extension that my suspicion was discovered to be correct but the neighbors refused to accept it till the court case was filed and i wrote to their barrister. This was all written in my witness statement but the JUdge refused to read it and relied only on the 44 statements of the experts to make a summary judgment.if i send a Party wall notice now i become responsible for all the money again when i have already been robbed of nearly 150K -190 K.HHJ Geralds judgment had put payment for works and experts to be paid by each party for their property but the work was for single gutter not double which will not solve the water penetration problemShall i seek criminal lawyers advice also for the neighbours and Council are both involved before i send a Party wall notice? I do not want to pay for their work as they are responsible for the wrong work of their own property when they have extracted money from me already.?
I am going abroad for a week and will be back but need to know which is the best way forward

Yes I would do just that, week criminal lawyer advice.